Protecting my trade mark on the internet

Posted by Anonymous . updated on 11/11/2009

I have a registered(in Canada) trade mark for my business.I comissioned the design. It is a kind of superhero cartoon character. It is very cute and apealing. Everyone loves it. I have it on my website with a tm beside it and all rights reserved on the bottom of page. I am nervous that people will just take it and use it for anything. I am concidering taking it off my web page untill my company has enough money to sue everyone. Am I being paranoid or smart? Thanks.

Question: I have a registered(in Canada) trade mark for my business.I comissioned the design. It is a kind of superhero cartoon character. It is very cute and apealing. Everyone loves it. I have it on my website with a tm beside it and all rights reserved on the bottom of page. I am nervous that people will just take it and use it for anything. I am concidering taking it off my web page untill my company has enough money to sue everyone. Am I being paranoid or smart? Thanks.

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You are being smart. You should use Trademarkia to protect your logo. Otherwise, you will have little recourse against infringers.

Lyza

Since no one else has responded, I'll take a stab. I'm not an attorney but have worked with IP attorneys in Canada as well as in the US, and I believe Canada has similar requirements for maintaining a registration as does the US. Primarily, those requirements revolve around using the mark or the registration can be cancelled or successfully challenged in court. If you have registered your mark in Canada, and are also using it to offer your goods/services in other countries, i.e. the US, why not file for registration of it here as well? You want to use your mark to gain distinctiveness of use relative to your goods/services as that will ensure the continued validity of your registration.

In short, I do think you are paranoid for the wrong reasons. If I am incorrect, an attorney will no doubt submit a correction. Hope this helps.

Lyza

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